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MAGETTE v. GOODMAN

771 A.2d 775 (2001)

Thomas MAGETTE, Administrator of the Estate of Joanne Magette, Deceased, Appellant, v. David A. GOODMAN, M.D., and Abington Memorial Hospital, Appellees.

Superior Court of Pennsylvania.

Filed March 6, 2001.

Reargument Denied May 11, 2001.

Attorney(s) appearing for the Case

Howard J. Levin, Philadelphia, for appellant.

Donald F. Ladd, Philadelphia, for Goodman, appellee.

Before JOYCE, J., OLSZEWSKI, J. and CIRILLO, President Judge Emertitus.

OLSZEWSKI, J.:

¶ 1 Thomas Magette, as administrator of the estate of his late wife, Joann Magette, appeals from judgment of the Court of Common Pleas denying his motion for a new trial. We reverse and remand for a new trial.

¶ 2 The trial court aptly summarized the facts:

The evidence presented at trial established that Ms. Magette was admitted to the hospital on the morning of May 23, 1990 for spinal fusion surgery. At the outset of the...

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